Legal Opinion · Dissent

In re the Claim of Curran

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1975Published

1Dissent

Sweeney, J. (dissenting).

We are unable to agree with the majority and, therefore, dissent and vote to reverse. The record clearly establishes that claimant had a firm job offer to commence on July 5, 1974. She had provided a definite date for her departure pursuant to union and company rule. The board’s determination to deny her benefits because she terminated her work on June 26 instead of July 3 is unrealistic and arbitrary. We are unable to conclude that claimant’s leaving a week before the new job started warranted a determination that such circumstance constituted leaving her employment…

2Cases cited1 opinion

  1. In re the Claim of FallonAppellate Division of the Supreme Court of the State of New York · 1967

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